Case Digest Abbas v Abbas

G.R. No. 183896, January 30, 2013

Syed, a Pakistani citizen, and Gloria, a Filipino citizen, met in Taiwan in1991. He arrived in the Philippines and on January 9, 1993, at around 5oclock in the afternoon, he was at his mother-in-laws residence, in Malate,Manila, when his mother-in-law arrived with two men. He was told that hewas going to undergo some ceremony, one of the requirements for his stayin the Philippines, but was not told of the nature of said ceremony where heand Gloria signed a document. He claimed that he only found out that itwas a marriage contract when Gloria told him. He further testified that hedid not go to Carmona, Cavite to apply for a marriage license, and that hehad never resided in that area. In July of 2003, he went to the Office of theCivil Registrar of Carmona, Cavite, to check on their marriage license. TheMunicipal Civil Registrar, issued a certification stating that the marriagelicense number appearing in the marriage contract he submitted was thenumber of another marriage license issued to another couple. He alsoalleged that Gloria had filed bigamy cases against him in 2001 and 2002.On the other hand, Gloria presented her own side. Rev. Mario Dauz, aminister of the Gospel and a brgy captain stated that he is authorized tosolemnize marriage and that he was doing it since 1982 and he is familiarwith the requirements. There were two witnesses, one of them was AttySanchez who handed him the marriage license on the day of the wedding.Gloria testified that a certain Qualin went to their house and said that he willget the marriage license for them, and after several days returned with anapplication for marriage license for them to sign, which she and Syed did.After Qualin returned with the marriage license, they gave the license toAtty. Sanchez who gave it to Rev. Dauz, the solemnizing officer. Gloria alsoalleged that she has a daughter with Syed. She filed a bigamy casebecause Syed married a certain Maria Corazon Buenaventura. RTCsruling: no marriage license, neither of the parties was a resident ofCarmona, Cavite. Void ab initio. CAs ruling: granted Glorias appeal.Marriage is valid and subsisting.Issue: W/N the marriage was valid.

HELD: cited Arts 3, 4, 35(3) of FC. RTC was right. Ruling on Republic vsCA not applicable. Their marriage licensed is registered to another couple.Hence, they were married without securing a marriage license. Void abinitio.